Armed Forces Tribunal
OA-34/17 dated 09-06-2017 on 9 June 2017
Notes of the
Registry
Orders of the Tribunal.
IN THE ARMED FORCES TRIBUNAL, REGIONAL BENCH, GUWAHATI.
OA-34 Of 2017
Capt Vyom Kumar (Retd)
…….. Applicant
Legal practitioners for the
Applicant
Mr. RK Talukdar
Mr. HJ Tamuli
- Versus -
Union of India & Ors
……Respondents
Legal practitioner for the
Respondents
Mr. N. Baruah, CGSC
P R E S E N T
HON’BLE MR. JUSTICE B.P. KATAKEY, MEMBER(J)
HON’BLE VICE ADMIRAL MP MURALIDHARAN, MEMBER (A)
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R
09.06.2017
1. Heard Mr. RK Talukdar, learned counsel appearing for the applicant.
2. The applicant, who has resigned from service on 23.01.2017, has filed this application challenging the communication dated 24.05.2017 issued by Deputy Director, AG/PS-4 (Imp-I) whereby and whereunder the claim of the applicant for grant of disability pension has been rejected on the ground that he having resigned from service is not entitled to the same.
3. The case of the applicant, in the OA is that in view of the provision contained in Regulation 83 of the Pension Regulations for the Army, Part-I, 2008, even an officer who has voluntarily given up the service is also entitled to the disability pension which has wrongly been denied to the applicant.
4. Having regard to the aforesaid contention, we issue notice on the respondents. Since the respondents are represented by their learned counsel, no fresh notice needs to be issued.
5. The respondents shall file counter within a period of six weeks from now. The respondents shall also on the date when the case is listed, produce the relevant records for perusal of this Tribunal.
6. The applicant may file rejoinder, if any, within two weeks thereafter.
7. Registry is to post this case before the available Bench after expiry of 08 weeks for orders, when attempt may be made to take up the OA for final disposal at the order stage itself having regard to the claim of the applicant.
8. Order dasti.
MEMBER (A) MEMBER (J)
Kalita